We dislike ‘Terms and Conditions’ as much as you do. Unfortunately they are a reality and a part of business, so we’ll try and keep them as straightforward as possible. The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at email@example.com and we will clarify the situation for you! We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions. You will receive computer generated invoices for all services rendered by Optic Hosting. All computer generated invoices and credit notes will be sent to you via electronic means. All your computer generated invoices and credit notes are also available via the Billing section in your Client Area.
IMPORTANT NOTICE Your attention is drawn in particular to clauses rendered in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Optic Hosting. It is your responsibility to read the clauses referred to: Further documents are also applicable to these terms (clause 2). Fibre speeds are provided on a “best-effort” basis, subject to the last-mile partners’ line constraints and demand on the Optic Hosting network at any given point. You consent to Optic Hosting monitoring your traffic data for accounting purposes and to ensure the Optic Hosting system is operating properly (clause 7.1). Disclaimer and Limitation of Liability (clause 9). 1. Line Faults and Repairs 1Optic Hosting will be entitled to assume that the Fibre Line provisioned to a Client is in good working order until such time as the Client advises Optic Hosting Support of any problems or service breaks. 2Any faults or service interruption should be reported via one of the channels available on the Optic Hosting website. 3The last mile provider will attend to faults reported by the Client during office hours and the relevant party will apply its reasonable endeavours to have the Fibre service restored in the shortest possible time. 4IF THE LAST-MILE PROVIDER DETERMINES THAT THE FAULT REPORTED BY THE CLIENT WAS CAUSED BY THE CLIENT, THE CLIENT SHALL BE LIABLE FOR PAYMENT OF THE RELEVANT CALL-OUT CHARGE AS DETERMINED BY THE LAST-MILE PROVIDER FROM TIME TO TIME. 2. Applicable Documents 1The provision of Optic Hosting’s Fibre Services are subject to Terms and Conditions. 2The following legal documents accordingly apply to the provision of Optic Hosting Fibre Services and are binding on any subscriber to such service Each last mile provider’s Standard Terms and Conditions for the provision of Services. 2.2.1 2.2.12 Openserve Standard Terms and Condition 2.2.13 3Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions. 3. Service availability and confirmation of service availability 1The availability of Fibre Services are subject to the following: 1.1Valid and operational last mile provider service. 2POTENTIAL CLIENTS SHOULD CONFIRM THE AVAILABILITY OF THE LAST-MILE PROVIDER SERVICE IN THEIR PARTICULAR LOCATION PRIOR TO PURCHASING OR ORDERING ANY FIBRE SERVICE OR HARDWARE FROM OPTIC HOSTING. THE AVAILABILITY OF FIBRE SERVICES CAN BE CHECKED VIA OUR FIBRE AVAILABILITY MAPON OUR WEBSITE, BUT OPTIC HOSTING MAKES NO WARRANTY AS TO THE ACCURACY OF THIS RESOURCE, WHICH ARE PROVIDED BY OUR LAST-MILE PROVIDER PARTNERS. 3Applicants will be advised after receipt of an order as to whether the relevant Fibre service can be provided. 4. Service Credit 1If the Client wishes to make a claim for service downtime, the Client must log a dispute with Optic Hosting, which will take the matter up with the relevant last mile provider. Any refund will be made to the Client by Optic Hosting, which has sole discretion whether to accept the Client’s claim. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type except No Service faults. 2The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Optic Hosting Support. 5. Cancellations 1Cancellations are made as per the General Terms, and will only be accepted from within ClientZone. 2Cancellation of any Fibre service (Data or Line rental) is the Client’s responsibility and all tools to effect such cancellation are provided in ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process (for example whether an Fibre Line Rental service should be moved back to the last mile provider or cancelled entirely). Should the Client incorrectly complete the cancellation process, Optic Hosting will not be liable for any additional costs or compensation to the Client due to the error. 6. Amendments 1Amendments to these terms and conditions will be made as set out in the General Terms. 2The Last Mile provider’s Standard Terms and Conditions for the provision of Services also apply to this Service, and may change from time to time. The Client is obliged to check for changes to such terms. 7. Monitoring of Usage 1Optic Hosting monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and our Acceptable Use Policy. 8. Identity Verification Requirements (RICA) 1Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload the relevant documents; 1.1a full coloured, clear, legible copy of their valid Identity Document or Driver’s License. 1.2Non-South African citizens may submit a copy of their valid Passport or International Driver’s License. 2Verification documents must contain photo identification. 3Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed. 4Should the Client cancel all current valid Optic Hosting Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Optic Hosting Services remain active. 9. Disclaimer and Limitation of Liability 1Optic Hosting accepts no liability for any loss or damage to the property or equipment of the Client arising out of the provision, installation or maintenance of the Fibre service. 2APPLICATION FOR, USE OF, AND SUBSCRIPTION TO THIS SERVICE IS AT THE SOLE RISK OF THE CLIENT OR APPLICANT. 10. Connect with Optic Hosting and Save up to R4000 Offer 1As of 1 February 2017 and until 7 April 2017, Optic Hosting is offering a One-Time credit for all clients towards costs incurred when signing up for Fibre Broadband with Optic Hosting. As of 20 February 2017 and until 30 November 2017 this offer will be available to all signups via the Optic Hosting website and other selected channels. From 31 May 2017 and until further notice this promotion will also be active through certain direct marketing channels and clients will need to sign up via the aforementioned direct marketing channels to be eligible for the offer. 2The overall amount of up to R4000 can be used to offset installation and hardware costs should a user sign up for a new Fibre connection, or alternatively should a user wish to change ISPs, we’ll credit their Optic Hosting account to re-imburse them for costs leveraged by their previous ISPs to make the switch to Optic Hosting. 3It is important to note that R4000 is the overall maximum amount that Optic Hosting will issue as a credit to users regardless of how it is achieved. 4If users sign up for a new connection, the savings will automatically apply on checkout. 5If a user is migrating from another ISP, we’ll automatically zero-rate migration fees associated with the last-mile provider (i.e. Vumatel, MetroFibre etc.) and then credit their Optic Hosting account for the termination costs charged by their previous ISP (up to the remaining balance of the R4000 maximum) when they submit a copy of the termination settlement to us. 6This offer is available once-off, to one legal entity per address. Should ownership of an address change, the new occupant would become eligible for the offer. Should a legal entity wish to add an additional connection, or cancel and sign up again – this offer will not apply. 7Applicable to signups before 05 October 2017 – Should a user cancel their connection with us before 18 months of service, they will be charged a pro-rated amount to recover the initial offer extended. What this means is, for example, if a user receives an overall credit of R3600 on signup, and cancels after 8 months, that they will be charged an amount pro-rata for the remaining 10 months – in the case of this example that would equate to R2000. This is to cover the capital outlay incurred by Optic Hosting to provision infrastructure and hardware required in facilitating the fibre connection to users. 8Applicable to signups on or after 05 October 2017 – Should a user cancel their Optic Hosting Fibre less than 6 months from installation, they will be charged a fee of R999 to recover costs for the Wi-Fi Router. 9We will not credit users, when migrating ISPs, for hardware acquired independently or that is not stated as part of the termination settlement from their previous ISP. 10If a user is signing up via one of our Fibre Partner’s websites, they will need to submit substantiating documentation for installation and other costs via the Optic Hosting ClientZone in order for us to credit their Optic Hosting account for these costs. 11. Connect with Optic Hosting and Save up to R1000 Offer 1As of 8 April 2017 and until further notice, Optic Hosting is offering a One-Time credit for an inclusive Fibre-Ready Wi-Fi Router when signing up for Fibre Broadband with Optic Hosting. 2R1000 is the maximum amount that Optic Hosting will zero-rate towards a Fibre-Ready Wi-Fi Router selected as part of a new Fibre Order. 3When a user signs up correctly the savings will automatically apply on checkout. 4This offer is available once-off, to one legal entity per address. Should ownership of an address change, the new occupant would become eligible for the offer. Should a legal entity wish to add an additional connection, or cancel and sign up again – this offer will not apply. 5Should a user cancel their connection with us before 18 months of service, they will be charged a pro-rated amount to recover the initial offer extended. What this means is, for example, if a user receives an overall credit of R1000 on signup, and cancels after 9 months, that they will be charged an amount pro-rata for the remaining 9 months – in the case of this example that would equate to R500. This is to cover the capital outlay incurred by Optic Hosting to provide the Wi-Fi Router. 6We will not credit users, when migrating ISPs. 7If a user is signing up via one of our Fibre Partner’s websites, they will need to order a router manually from our website and then request our accounts department to issue a refund. 12. Fibre Hardware 1All hardware provided by last-mile providers will remain property of said last-mile provider into perpetuity. 2Should a user cancel their service and not migrate to another ISP on the same last-mile provider, they will be required to return the fibre modem of the last-mile provider as the hardware is provider specific. 3Wi-Fi routers provided by Optic Hosting will remain the property of users upon cancellation (subject to any outstanding fees). Wi-Fi routers can be re-used when switching providers and as such do not need to be returned to us.
IMPORTANT NOTICE This document contains the Terms and Conditions for registration, transfer and updates to Domain Names in the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg and .durban namespaces. These terms are part of and incorporate by reference the Optic Hosting General Terms. Please note the following important clauses: You license a domain name to a 3rd party, you will be liable for harm that arises as a result (clause 7.3) You warrant that certain information given to us is correct and that you will not use the domain name to infringe intellectual property or in unlawful ways; you indemnify us and the registry if any loss results from a breach of this warranty (clause 8). You consent to processing of personal information as described in clauses 10.1 and 10.2 If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 10.4) You exempt and indemnify the registry from all loss relating to its registration of a domain name (clause 11) 1. Definitions The following definitions apply to these Registrant Service Terms: 1″Administration Sites” means the Registry’s official administration website/s including, but not limited to: http://www.registry.net.zaand the Registrar’s official administration website/s including, but not limited to: http://www.Optic Hosting.co.za and www.Optic Hosting.com. 2″Agreement” means the Application read together with these Registrant Service Terms. 3″Applicant” means the party making application for the delegation, transfer or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application. 4″Domain Name” means the Domain Name in the Namespace, designated in the Application, and governed by the Agreement. 5″Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same). 6“General Terms” means the Registrar’s (Optic Hosting’s) General Terms. 7“ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation. 8“Namespace” means the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be. 9“Personal Information” means information relating to an identifiable, living, natural person. 10“Registrar” means Optic Hosting. 11“Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar. 12″Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns. 13“Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace. 14“Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of a Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites. 2. Applicability 1The Registry is responsible for delegating (registering) domain names in the Namespaces. 2These terms and conditions apply to all the abovementioned domain names. 3The Applicant also agrees to be bound by the Published Policies. 3. Status and Precedence 1In addition to the General Terms, these terms and conditions govern the use of the Optic Hosting registrar services. By contracting with Optic Hosting for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement. 2To the extent that any provision of this document conflicts with the provisions of the General Terms, the provisions of this document will prevail. 3In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement. 4. Registration, Transfer and Deletion 1The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees. 2The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it. 3The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period. 4It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement. 5The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration. 5. Fees 1See the provisions of the General Terms as they relate to fees, which are deemed to form part of this clause 5. 2Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration. 3Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 5. 6. Rights to Domain Name 1The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of a Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name. 2The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied. 3Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name. 4Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 6.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant. 5The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result. 7. The Applicant’s Duties 1The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including: 1.1the full name, postal address, email address, voice telephone number, and fax number if available of the Applicant; 1.2name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation; 1.3the names of the primary nameserver and secondary nameserver(s) for the Domain Name; 1.4the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and 1.5the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name. 2The Applicant’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration. 3Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm. 8. The Applicant’s Warranties & Indemnity 1The Applicant hereby irrevocably represents, warrants and agrees that: 1.1the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times; 1.2it has the right without restriction to use and register the Domain Name; 1.3to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right; 1.4will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person; 1.5at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and 1.6it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar. 2Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time. 9. Suspension, Cancellation and Transfer 1The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be): 1.1in the circumstances contemplated in clause 5.2; 1.2should the Applicant breach any warranty given under clause 8.1; 1.3if the Applicant withdraws its consent for processing of Personal Information described in clause 10; 1.4should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so; 1.5in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Policies or ICANN policy applicable to the Registrar; 1.6on receipt of an order by any competent court having jurisdiction; or 1.7on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable). 2In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar. 3The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. 10. Personal Information 1Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes: 1.1use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information; 1.2inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services; 1.3transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services; 1.4transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa 2In processing the Personal Information as set out in clause 10.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar. 3THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 10.1 AND 10.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT. 4THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 10.1 AND 10.2 RESPECTIVELY. 5When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary. 6The Applicant can access and rectify the Personal Information submitted to the Registrar by accessing ClientZone. 7The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 10.1. 8The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorised disclosure, alteration or destruction. 9Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent. 11. Exemption and Indemnity of the Registry 1THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION. 12. General 1For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria). 2For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile. 3The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa. 4The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time. 5The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published. 6To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause. 7In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Introduction 1In addition to the General Terms, these terms and conditions govern the use of the Optic Hosting domain registration and hosting services. By contracting with Optic Hosting for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement. 2. Domain Registration 1Optic Hosting registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Optic Hosting server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Optic Hosting. 2Optic Hosting registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Optic Hosting may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned. 3Optic Hosting’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. Optic Hosting will not pay for registration if it is not combined with any of their hosting products. 4The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Optic Hosting may post links to these terms and conditions on the Optic Hosting Website purely as a convenience to the Client. 5Where Optic Hosting is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Optic Hosting will provide the Client with a link to these terms, which are incorporated into this Agreement by reference. 6Optic Hosting will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Optic Hosting cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. 3. Free Domain Registration 1Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Optic Hosting for a reasonable period. Optic Hosting reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at Optic Hosting’s sole discretion. 2Optic Hosting reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Optic Hosting’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice Optic Hosting’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar. 3Optic Hosting will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client. 4Optic Hosting only offers Free Domain registration for “.co.za” domains with new hosting package signups, or Domain Parking offered as a “Free Gift” in ClientZone. Other TLDs or gTLDs are not included in the Free Domain Registration offer. Optic Hosting will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Optic Hosting will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Optic Hosting with the registrar concerned. 4. Domain Transfer 1Optic Hosting will transfer existing (registered) domains from existing hosting providers to Optic Hosting’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Optic Hosting from any disputes regarding ownership of the domain and any claims as a result thereof. 5. Cancellation 1Cancellation will be dealt with as per the General Terms. 2Cancellation, by the Client or Optic Hosting, will result in any data being permanently removed from Optic Hosting’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Optic Hosting will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Optic Hosting will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request. 6. Payment and Payment Terms 1Payment will be dealt with as per the General Terms. 2In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces. 7. Liability for Registration and Use of Domain Names 1Optic Hosting has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. 2Optic Hosting reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Optic Hosting will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions. 3This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client. 4The Client indemnifies Optic Hosting by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested. 5Optic Hosting cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Optic Hosting may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Optic Hosting shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Optic Hosting and Optic Hosting will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Optic Hosting until a court or other body with jurisdiction directs otherwise. 8. Hosting Services 1Optic Hosting does NOT provide SMTP mail services by default with shared hosting packages. 2Optic Hosting reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy. 3Optic Hosting reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented. 4Optic Hosting reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Optic Hosting Server to ensure compliance with this Agreement, Optic Hosting’s AUP, or any applicable laws regulations or codes of practice. 5The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended. 9. Backups 1Clients are solely responsible for backing up their data and Optic Hosting strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Optic Hosting will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception. 2Optic Hosting may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, Optic Hosting does not warrant or guarantee the availability, completeness or “up to date” status of such backups. 3Clients are ultimately responsible for their own data, and Optic Hosting strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure. 4Optic Hosting also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by Optic Hosting by instruction from Clients or by Clients themselves. 5Optic Hosting will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request. 10. Dedicated Servers 1Optic Hosting provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Optic Hosting at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Optic Hosting property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. Optic Hosting, at its discretion, may refuse such requests within reason. 11. Cloud Hosting 1Optic Hosting reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Optic Hosting deems at its sole discretion to have a negative effect on the environment may be powered down or suspended. 2Optic Hosting deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers. 3Optic Hosting strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of Optic Hosting’s AUP and Terms & Conditions (contrary to the intended use of the product). 4Optic Hosting also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment. 5Optic Hosting may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment. 6Optic Hosting reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary. 12. 100% Website Uptime Guarantee 1Optic Hosting guarantees that its hosting services will attain 100% availability, subject to the following. 2The 100% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server Optic Hosting hosts is still up, Optic Hosting is not responsible for the Client not being able to reach their website. 3Optic Hosting is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime. 4The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Optic Hosting web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum. 5The 100% uptime guarantee does not apply if Optic Hosting suspends the Client’s Service as allowed in terms of this Agreement. 6Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. 7Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to Optic Hosting for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed. 8The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Optic Hosting accepts no responsibility. 13. Use at Client’s Risk 1Optic Hosting will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Optic Hosting network and in no way moderates such content. 2Clients expressly agree that use of Optic Hosting’s Server(s) and Services are at the Client’s sole risk. 14. Spam/Virus Filtering 1Optic Hosting provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Optic Hosting shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system. 2Optic Hosting reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious. 15. Webmail 1Webmail and other web-based email services made available by Optic Hosting are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Optic Hosting shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Optic Hosting. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations. 16. Limitation on Mail Size 1Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each. 17. Takedown Notice Procedure 1In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Optic Hosting to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act. Any enquiries can be directed to ISPA at: Postal address: PO Box 518, Noordwyk, 1687, Midrand Tel: 010 500 1200 Email: firstname.lastname@example.org Should Optic Hosting receive a takedown notice from ISPA, Optic Hosting will endeavour to: 1. Notify the Client in good time of the takedown notice. 2. Allow the Client reasonable time to remove the disputed, illegal or infringing content. 3. Takedown any sites or services which are included in the ISPA takedown notice. 18. Retention of Rights 1Optic Hosting makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Optic Hosting and retention of data does not directly or indirectly give ownership of Optic Hosting hardware to Clients. 19. IP Addresses 1Optic Hosting will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at Optic Hosting’s discretion and on a first come first serve basis. 20. Software Updates 1Optic Hosting will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers. 2Optic Hosting will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). Optic Hosting will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered. 21. Disclaimers, Limitations and Indemnities 1Optic Hosting will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY OPTIC HOSTING IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS. 2The Client hereby indemnifies and holds harmless Optic Hosting against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Optic Hosting has been advised of the possibility of such damages; 3Optic Hosting will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill. 4Neither Optic Hosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Optic Hosting’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Optic Hosting Server service, unless otherwise expressly stated in this Agreement. 5Optic Hosting expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Optic Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. 6Optic Hosting is not responsible if an external company network and firewall is setup to block access to services Optic Hosting provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Optic Hosting provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary. 7Clients also hereby indemnify Optic Hosting against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Optic Hosting to share or cover such losses or liability, either directly or indirectly. Optic Hosting is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
IMPORTANT NOTICE Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Optic Hosting. It is your responsibility to read the clauses referred to: Failure to abide by Optic Hosting’s policy can result in deductions to the claimed refund or rejection of claims for refund or exchange. (clause 1.6). 1. General Terms 1Optic Hosting has a 7-day device return policy. Devices can be returned for any reason during this period. Returned Units must be in the same condition as shipped (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in shipped condition will not be replaced with new units or be only partially replaced with refurbished or repurposed items. 2The first return will be arranged and paid by Optic Hosting (including collection and delivery of unit or replacement). Additional exchanges or returns will be for the Client’s cost, and Optic Hosting will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics. 3All manufacturer’s warranties, for the repair or replacement of faulty units will be available to the Client. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the Client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange). 4In the case of mobile devices, using incorrectly sized SIM cards, and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty (and Protection Plan where applicable) and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, Optic Hosting will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty. 5Repair or replacement of devices out of warranty will not be facilitated by Optic Hosting, unless the Client is purchasing a new replacement device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and effectively void the warranty. 6Optic Hosting reserves the right to replace a router with a refurbished unit, which will be provided under existing warranty conditions. 7Failure to abide by Optic Hosting’s policy can result in deductions to the claimed refund or rejection of claims for refund or exchange. 2. Protection Plan for Mobile Data SIMs 1Optic Hosting will repair or replace defective or damaged units (as a result of normal wear and tear), which only includes the SIM (devices are not covered under the protection plan). 2This is not insurance: Optic Hosting will not replace stolen or destroyed units. In order to claim, the Client must provide Optic Hosting with the defective unit. 3Protection Plan cancellations need to be made before the 23th of the month in which Clients wish to cancel. Any cancellation after the 23th will go into effect at the end of the following month. 4There are no limits to the amount of times a Client can claim. 5One Protection Plan covers 1 Optic Hosting SIM. If a Client has multiple Optic Hosting issued SIMs, each will need its own individual Protection Plan. 6Delivery of repaired or replacement units within two Business Days is not guaranteed but generally attainable in major centres. If not in a prime coverage area, it might take a day or two extra to be delivered. Deliveries take place during business hours on weekdays. Weekends are excluded from all time calculations. 7Protection Plans will exclude claims arising from negligence or where damage to a unit is wilful or contrary to the reasonable use of the product. For example, use of incorrectly sized SIM cards (and resultant damage caused removing such SIMS) will be considered improper use and will not be covered by the plan. Such use is also not covered by the manufacturer’s warranty (for warranty claims) and therefore falls outside of any agreement with Optic Hosting.
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